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An Ethical Critique of the Contribution of Uganda's INVESTORS OR INFESTORS: AN ETHICAL CRITIQUE OF THE CONTRIBUTION OF UGANDA’S MINING SECTOR TO DEVELOPMENT, ENVIRONMENT AND SOCIETY BY MARGARET SSEBUNYA STUDENT NUMBER 214545616 THESIS SUBMITTED IN FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN ETHICS STUDIES, IN THE GRADUATE PROGRAMME IN THE DEPARTMENT OF ETHICS SCHOOL OF RELIGION PHILOSOPHY AND CLASSICS, UNIVERSITY OF KWAZULU-NATAL, PIETERMARITZBURG, SOUTH AFRICA. SUPERVISOR: DR. BEATRICE OKYERE-MANU 2017 DECLARATION I Margaret Ssebunya, declare that 1. The research reported in this thesis, except where otherwise indicated, is my original research. 2. This thesis has not been submitted for any degree or examination at any other university. 3. This thesis does not contain other persons’ data, pictures, graphs or other information, unless specifically acknowledged as being sourced from other persons. 4. This thesis does not contain other persons' writing, unless specifically acknowledged as being sourced from other researchers. Where other written sources have been quoted, then: a. Their words have been re-written but the general information attributed to them has been referenced b. Where their exact words have been used, then their writing has been placed in italics and inside quotation marks, and referenced. 5. This thesis does not contain text, graphics or tables copied and pasted from the Internet, unless specifically acknowledged, and the source being detailed in the thesis and in the References sections. _____________ Student’s Signature _____________ Date _______________ Supervisor’s signature _______________ Date ii DEDICATION To my late parents Francis Ssebunya and Margaret Namwebya Katawera AND To my dearest sisters, niece and nephew Stellah Najjeke Mabingo, Jewel Mirembe Trinity Robinah Nansubuga and Douglas Anthony Kalutte AND To my grandfather Mr. Benedicto Mabingo. You are my true hero. iii ACKNOWLEDGEMENTS Althea Gibson an American Athlete once said “No matter what accomplishments you make, somebody helped you.” It is no doubt that undertaking this project was both a privilege and a challenging task at the same time. Very many individuals and institutions supported me in the writing of this dissertation. First and foremost I thank God Almighty for taking me through this academic journey. I am grateful to the School of Religion, Philosophy and Classics and the College of Humanities for all the support rendered to me. Special thanks to my supervisor Dr. Beatrice Okyere-Manu for her support and dedication to my academic work. Her scholarly advice, mentoring and tireless efforts to shape this thesis cannot go without utmost appreciation I am grateful to all my family members especially Mr. Benedicto Mabingo, Ms. Stellah Najjeke Mabingo, Ms. Sarah Mabingo, Jewel Mirembe, Sr. Gertrude Najjeke, Sr. Benedicta Mukuuma Nalukenge and Msgr Ssebayigga John Baptist for the moral support. You always believed in me at all times. Thank you very much for never giving up on me. The messages on Skype, Facebook and Whatsapp always encouraged me not to give up but pursue until the very end. Special thanks go to my benefactors - Catholic Theological Ethics in the World Church (CTEWC). Thank you for this initiative on empowering African women. It is through the CTEWC scholarship that I have been able to pursue my Masters and PhD study in Ethics. Your generosity is greatly appreciated I also acknowledge my colleagues Albert Bangirana, Kisitu Davis Gyaviira, Thando Nkohla, Keba Cyril Muko, Cletus Dading, Violet Muwebwa Ssekitte, Eric Moor, Awor Pauline, Scovia Ojobiru Pearson, Najuuma Rhodah Grace, Donna Ongoma, Prossy Namugga, Ssuuna Joseph, Charles Otunga and Justine Nassejje for all the academic and moral support. To all of you my friends, I say thank you and God bless you abundantly. iv ABBREVIATIONS AND ACRONYMS GoU Government of Uganda SD Sustainable Development DGSM Department of Geological Survey and Mines MoWE Ministry of Water and Environment UBOS Uganda Bureau of Statistics ACODE Advocates Coalition on Development and Environment CBD Convention on Biological Diversity of the United Nations CCD Climate Change Department of Uganda CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora COMESA Common Market for Eastern and Southern Africa ICMM International Council on Mining and Metals IPCC Intergovernmental Panel on Climate Change NBDB The National Biodiversity Data Bank OECD Organization for Economic Co-operation and Development UNCCD United Nations Convention to Combat Desertification UNDP United Nations Development Programme UNFCCC United Nations Framework Convention on Climate Change ICESCR International Covenant on Economic, Social and Cultural Rights IUCN International Union for the Conservation of Nature NAPE National Association of Professional Environmentalists NEMA National Environmental management Authority UNCED United Nations Conference on Environment & Development v LIST OF FIGURES Figure 1: The Spheres of Sustainable Development ………………………………………...….27 Figure 2: Sketch map of Uganda showing location …………………………………………..…64 Figure 3: Excerpt on compensation for property in the Albertine region……………………...155 Figure 4: Impact of mining activities on wildlife in Murchison Falls National Park …..……....156 Figure 5: The environmental, social and economic impacts of mining in Uganda through the Sustainable development framework………………………………….………………………..185 Figure 6: Lack of information on mineral/ oil resource by the local residents……...………….. 211 Figure 7: Promoting sustainable mining in Uganda: A holistic ethical approach……………...240 Appendix I ..……………………………………………………………………….…………... 317 Appendix II …………………………...…………………………….………………………..... 318 Appendix III …………………………………………………………………………………... 319 vi ABSTRACT Oil and mineral extraction in Uganda is growing at a relatively fast rate. The increase in these extraction activities follows the latest discoveries of offshore oil deposits in the Albertine graben and other mineral deposits of commercial value in several parts of the country. The prospect of the mining sector particularly oil and gas to increase national wealth has therefore become central to Uganda’s long-term planning agenda Vision 2040. According to the Ministry of Energy and Mineral Development (MEMD), mining is envisaged to be the biggest foreign exchange earner in Uganda in the coming years. It is also expected to play a large role in the future economic development of Uganda particularly through job creation, increased Gross Domestic Product, technology transfer and revenue generation for investments in development of other strategic sectors such as infrastructure and human resource development. With such prospects aimed at accelerating economic growth and development, Uganda is encouraging both domestic and foreign direct investments (FDI) mainly through privatization programs and generous incentive packages such as tax holidays and exemptions for the investors. Meanwhile, Government makes no mention of the adverse impacts of mineral exploration and production on the economy, environment and the society, yet such development projects if not properly undertaken could instead halt development. The mining sector in Uganda presents a potential for social, economic and environmental challenges. However, the positive impacts for the macro economy seem to have overshadowed all the likely negative effects on the environment and local communities. Although some studies have been conducted on Uganda’s mining sector, there are no studies conducted on the contribution of the sector to development, society and the environment from an ethical lens. This is what this study sought to do by ethically critiquing the contribution of Uganda’s mining sector to development, society and the environment. This study posits that the failure to challenge investors in the mining sector about their obligations towards both the present and future generations has resulted in the careless exploitation of Uganda’s mineral resources leaving the environment in a fragile state and leading to adverse effects on the society. It argues that mining and environmental policy and action must be informed by an understanding of factors that determine development outcomes on the economy, environment and society. vii The theories of sustainable development, consequentialism and stewardship comprised the ethical framework of the study. A qualitative research approach framed within a critical research paradigm and based on existing literature was employed in seeking to answer the key research question: “What are the ethical implications of the contribution of Uganda’s mining sector to development, society and the environment?” The methodology is also prescriptive in nature as it makes recommendations for a constructive way forward of ensuring sustainable mining in Uganda, which takes cognizance of economic, social and environmental concerns. The study shows that mining activities in Uganda are characterized by poor mineral resource governance, gross human rights violations and egoism by the investors. Findings point to lack of transparency, accountability, rule of law, responsiveness, participation, autonomy and decision making power as a root cause of negative outcomes of mining on the environment and the local communities. Technocentrism was also found to be the dominant approach to mineral development in Uganda where the environment is perceived as a resource to be exploited by investors. This study then proposes a holistic ethical paradigm for ensuring
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